Terms of use

1. Business Information IRONIC ELECTRONICS Simi Valley, California 93065 Phone: 805-428-5066 Email: support@ironicelectronics.com

2. Eligibility You must be legally capable of entering into a binding agreement to use the Site or purchase our products and services. If you use the Site on behalf of a business or another organization, you represent that you have authority to bind that organization to these Terms.

3. Permitted Use You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to: - Use the Site for fraud, abuse, harassment, or any unlawful purpose; - Submit false, misleading, incomplete, or deceptive information; - Impersonate another person or misrepresent your affiliation with any person or organization; - Interfere with the operation, security, or availability of the Site; - Attempt to gain unauthorized access to systems, accounts, or data; - Introduce viruses, malware, malicious code, or harmful material; - Scrape, copy, reproduce, sell, or exploit Site content without written permission; - Use automated systems to access the Site in a manner that places an unreasonable burden on our systems; or - Use the Site in a way that could damage our reputation, rights, property, or business relationships. We may suspend or terminate access to the Site if we reasonably believe that you have violated these Terms or created a risk to us, our customers, or others.

4. Products, Services, Estimates, and Availability We attempt to describe our products and services accurately. However, product descriptions, images, specifications, pricing, availability, and estimated completion or delivery dates may change without notice. An estimate, quote, or other price indication is not binding unless expressly identified as a final written agreement signed or approved by an authorized representative of IRONIC ELECTRONICS. Estimates may change if the scope of work changes, additional defects are discovered, parts become unavailable, or circumstances arise that were not reasonably apparent when the estimate was prepared. We reserve the right to: - Correct errors or omissions; - Modify or discontinue products or services; - Limit quantities; - Refuse or cancel an order where permitted by law; and - Require additional information before accepting an order or beginning work. If we cancel an order after payment has been received, our remedy will generally be limited to refunding the amount paid for the canceled order, unless applicable law requires otherwise. 

5. Customer Information and Authorization You agree to provide accurate, current, and complete information when requesting services, purchasing products, submitting a form, or communicating with us. If you submit equipment, devices, vehicles, property, data, or other materials to us, you represent that: - You own the property or are authorized to submit it; - You have authority to request the services; - You have disclosed known defects, hazards, passwords, security features, and relevant conditions; - You have made backup copies of important data; and - You will not submit illegal, hazardous, stolen, or unauthorized property. Unless expressly agreed in writing, we are not responsible for backing up, preserving, recovering, or restoring customer data. You should remove confidential, personal, or sensitive information before providing a device or item to us. 

6. Customer Responsibilities and Delays You are responsible for providing timely access, approvals, information, materials, passwords, decisions, and other cooperation reasonably necessary for us to provide services. We are not responsible for delays or additional costs caused by: - Customer delay or lack of cooperation; - Inaccurate or incomplete information; - Third-party suppliers, manufacturers, carriers, or service providers; - Product recalls, discontinued parts, or parts shortages; - Events outside our reasonable control; - Hidden defects or conditions that could not reasonably be identified in advance; or - Changes requested by the customer. 

7. Payments, Taxes, and Unpaid Balances You agree to pay all charges, taxes, shipping costs, approved additional work, and other amounts shown in an invoice, quote, order confirmation, or written agreement. Unless otherwise agreed in writing, payment is due upon completion, delivery, or invoice issuance. We may require a deposit or payment in advance. For overdue balances, we may suspend work, withhold delivery, charge lawful collection costs, and pursue any remedies available under applicable law. We will not impose interest, fees, or charges exceeding amounts permitted by law.

8. Returns, Refunds, Cancellations, and Warranties Any return, refund, cancellation, repair, replacement, or product warranty is governed by the specific written policy or agreement provided for that transaction. Nothing in these Terms limits any non-waivable rights or remedies available under applicable consumer-protection, warranty, or other law. If a written warranty applies, that warranty controls to the extent of any conflict with these Terms. Unless expressly stated in writing, we do not guarantee that a product or service will meet an unstated purpose, work with every third-party product, remain available indefinitely, or be free from interruption or error. 

9. Communications and Recording Notice By contacting IRONIC ELECTRONICS by phone, text message, email, online form, social media, video call, or other communication method, you acknowledge and agree that communications may be monitored, recorded, stored, transcribed, reviewed, and used for legitimate business and legal purposes, including:
- Quality assurance and training;
- Customer-service documentation;
- Confirming instructions, approvals, estimates, and transactions;
- Fraud prevention and security;
- Investigating complaints, threats, abuse, or suspected misconduct;
- Protecting the rights, property, safety, and legal interests of IRONIC ELECTRONICS and others; and
- Complying with subpoenas, court orders, regulatory requirements, or other applicable law. We will provide any notice or obtain any consent required by applicable federal, state, or local law. You should not provide information by phone, text, email, or other communication method if you do not consent to its lawful recording, storage, or use. Where recording is not legally permitted or consent is not obtained, we may use another communication method or discontinue the communication. You are responsible for ensuring that any person you involve in a communication is appropriately notified and has provided any legally required consent. 

COMMUNICATIONS, RECORDING, AND MONITORING To the extent permitted by applicable law, we may monitor, record, transcribe, store, and review communications with us, including telephone calls, voicemails, video calls, emails, text messages, online chats, contact-form submissions, and other communications. We may do so for customer service, quality assurance, training, security, fraud prevention, dispute resolution, recordkeeping, compliance with legal obligations, and establishing, exercising, or defending legal rights. We will provide any notice and obtain any consent required by applicable law before recording or monitoring a communication. If you do not consent to recording where consent is required, please notify us before the communication begins or use an available alternative communication method. Recordings and related communications may be disclosed to service providers, professional advisers, courts, government authorities, law enforcement, insurers, or other parties when reasonably necessary for the purposes described above or when required or permitted by law. We retain recordings and other communications only for as long as reasonably necessary for the applicable business, security, legal, dispute, compliance, or recordkeeping purpose, subject to applicable legal obligations and preservation requirements. This section does not replace any separate notice provided at the beginning of a telephone call or other recorded communication.

10. Electronic Communications When you contact us electronically, you consent to receiving communications electronically, including emails, text messages, invoices, notices, and other transaction-related communications. Electronic communications may satisfy legal requirements that communications be in writing, where permitted by law. Message or data charges from your telecommunications provider may apply. You are responsible for ensuring that your contact information is accurate and for monitoring communications relating to your order or service.. 

11. Intellectual Property The Site and its content, including text, logos, graphics, photographs, designs, software, trade names, trademarks, service marks, and other materials, are owned by or licensed to IRONIC ELECTRONICS and are protected by applicable intellectual-property laws. Except as expressly permitted in writing, you may not copy, modify, distribute, display, publish, transmit, sell, license, create derivative works from, or commercially exploit Site content. 

12. Customer Submissions and Reviews If you submit feedback, reviews, photographs, suggestions, testimonials, or other content to us, you represent that you have the right to submit it and that it does not violate another person’s rights or applicable law. To the extent permitted by law, you grant IRONIC ELECTRONICS a nonexclusive, worldwide, royalty-free license to use, reproduce, display, publish, modify, and distribute that content for business, promotional, administrative, and informational purposes. We do not claim ownership of your original content. We may remove or decline to publish submissions at our discretion. Nothing in these Terms prohibits you from submitting a truthful review or exercising rights protected by applicable law. 

13. Third-Party Links and Services The Site may contain links to third-party websites, products, or services. These links are provided for convenience only. We do not control or endorse third-party content, policies, security, availability, or practices and are not responsible for third-party websites or services. Your use of third-party services is governed by the applicable third party’s terms and policies. 

14. Disclaimers To the fullest extent permitted by law, the Site and its content are provided on an “as available” and “as is” basis. We do not warrant that the Site will always be uninterrupted, secure, accurate, complete, current, or free from errors or harmful components. We disclaim warranties except those expressly provided in a written agreement or those that cannot legally be disclaimed. Nothing in these Terms excludes or limits a warranty or right that applicable law does not permit us to exclude or limit.
15. Limitation of Liability To the fullest extent permitted by applicable law, IRONIC ELECTRONICS and its owners, officers, employees, contractors, agents, affiliates, suppliers, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of business opportunity, loss of use, or business interruption arising out of or relating to: - Your use of or inability to use the Site; - Products or services purchased or obtained through the Site; - Delays, interruptions, errors, or failures; - Loss, corruption, or unauthorized access to data; - Third-party products, services, websites, or conduct; or - Any other matter relating to the Site or our products or services. To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Site, a transaction, product, or service will not exceed the amount you paid to IRONIC ELECTRONICS for the specific product or service giving rise to the claim during the twelve months before the event giving rise to the claim. This limitation does not apply to liability that cannot legally be limited or excluded, including liability for fraud, intentional misconduct, gross negligence, bodily injury caused by negligence where non-waivable, violation of applicable law, or other liability that applicable law prohibits us from limiting.
16. Customer Indemnification To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless IRONIC ELECTRONICS and its owners, officers, employees, contractors, agents, affiliates, suppliers, and service providers from claims, demands, losses, damages, liabilities, judgments, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: - Your breach of these Terms; - Your misuse of the Site; - Your violation of applicable law or another person’s rights; - Information, materials, instructions, or content you provide; - Your lack of authority to submit property or request services; - Your unauthorized, fraudulent, or misleading representations; or - Your intentional misconduct, negligence, or unlawful conduct. You will not be required to indemnify any party for that party’s own fraud, willful misconduct, or liability that cannot legally be shifted to you. 

17. Claims, Notice, and Opportunity to Resolve Before filing a lawsuit or initiating formal proceedings concerning a transaction, product, service, or the Site, you agree to send us a written notice describing the facts and requested resolution. The notice must include your name, contact information, transaction or invoice number if available, a description of the issue, supporting documents, and the specific relief requested. Send notices to: **IRONIC ELECTRONICS** Simi Valley, California 93065 Email: support@ironicelectronics.com You agree to give us at least **30 days** after receipt of the notice to investigate and attempt to resolve the issue. This requirement does not prevent you from contacting a government agency, exercising a non-waivable legal right, filing a claim in small claims court where permitted, or seeking emergency injunctive relief.
18. No Waiver of False or Unsupported Claims You agree not to knowingly submit false, fraudulent, materially misleading, or bad-faith claims, complaints, chargebacks, reviews, notices, or statements concerning IRONIC ELECTRONICS, its products, services, employees, contractors, or customers. Nothing in this section prohibits truthful reports, good-faith complaints, lawful government communications, participation in investigations, protected reviews, or the exercise of any legal right. If a person knowingly submits a materially false or fraudulent claim and we incur losses, costs, or expenses as a result, we may pursue any remedies available under applicable law, including recovery of permitted damages and reasonable attorneys’ fees where authorized by law.
19. Dispute Resolution and Arbitration Before pursuing formal litigation, the parties will make a good-faith effort to resolve disputes through the notice procedure described above. To the extent permitted by applicable law, any dispute arising out of or relating to these Terms, the Site, a product, or a service will be resolved by confidential, binding arbitration on an individual basis rather than in court. The arbitration will be conducted by a mutually agreed neutral arbitrator under the applicable rules of a recognized arbitration provider. If the parties cannot agree on an arbitrator or provider, one may be appointed under applicable law. The arbitrator may award any relief that would be available in court on an individual basis, but may not award relief affecting people who are not parties to the arbitration. Each party remains responsible for fees and costs as provided by applicable law and the arbitration provider’s rules. **Class Action Waiver.** To the fullest extent permitted by law, disputes may be brought only on an individual basis. Neither party may participate in or bring a class, collective, consolidated, or representative action in connection with a covered dispute. This arbitration provision does not prevent either party from bringing an eligible claim in small claims court, seeking temporary or emergency injunctive relief, or exercising rights that cannot legally be waived. If any part of this section is found unenforceable, the remaining portions will remain in effect to the extent permitted by law. 

20. Governing Law and Venue These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. To the extent a dispute is not subject to arbitration, it must be brought in a court of competent jurisdiction located in or serving Ventura County, California, unless applicable law requires another venue. 

21. Changes to These Terms We may update these Terms from time to time. The updated version will be posted on the Site with a revised “Last Updated” date. Changes will apply prospectively unless applicable law requires otherwise. Your continued use of the Site after updated Terms are posted constitutes acceptance of the updated Terms, except where additional consent is legally required. ## 22. Severability If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, if permitted by law. If it cannot be modified, it will be severed, and the remaining provisions will continue in effect. 

23. No Waiver Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later.
24. Entire Agreement These Terms, together with any written quote, order confirmation, invoice, warranty, return policy, privacy policy, and other agreement expressly incorporated into a transaction, constitute the entire agreement concerning the applicable subject matter and supersede prior or contemporaneous communications on that subject. If these Terms conflict with a separately signed written agreement, the signed written agreement controls. 

25. Contact Questions about these Terms may be sent to: IRONIC ELECTRONICS Simi Valley, California 93065 805-428-5066 support@ironicelectronics.com 

Effective Date: 11-24-2014
Last Updated: 06-27-2019